A huge win for The Beckett Fund and religious liberty and a blow against the HHS mandate that is part of Obamacare and the Obama administration attempt to force religious institutes to violate their religious conscience.

Washington, D.C. — Today, a federal appeals court in Washington, D.C. handed Wheaton College and Belmont Abbey College a major victory
in their challenges to the HHS mandate. Last summer, two lower courts
had dismissed the Colleges' cases as premature. Today, the appellate
court reinstated those cases, and ordered the Obama Administration to
report back every 60 days—starting in mid-February—until the
Administration makes good on its promise to issue a new rule that
protects the Colleges' religious freedom. The new rule must be issued
by March 31, 2013.

'The D.C. Circuit has now made it clear that government promises and
press conferences are not enough to protect religious freedom,' said Kyle Duncan, General Counsel of the Becket Fund for Religious Liberty,
who argued the case. 'The court is not going to let the government
slide by on non-binding promises to fix the problem down the road.'

The court based its decision on two concessions that government
lawyers made in open court. First, the government promised 'it would never enforce
[the mandate] in its current form' against Wheaton, Belmont Abbey or
other similarly situated religious groups. Second, the government
promised it would publish a proposed new rule 'in the first quarter of
2013' and would finalize it by next August. The administration made both
concessions under intense questioning by the appellate judges. The
court deemed the concessions a 'binding commitment' and has retained
jurisdiction over the case to ensure the government follows through.

'This is a win not just for Belmont Abbey and Wheaton, but for all religious non-profits challenging the mandate,' said Duncan. 'The government has now been forced to promise that it will never
enforce the current mandate against religious employers like Wheaton
and Belmont Abbey and a federal appellate court will hold the government
to its word.'

While the government had previously announced plans to create a new
rule, it has not yet taken the steps necessary to make that promise
legally binding. Lower courts dismissed the colleges' cases while the
government contemplated a new rule, but the Court of Appeals for the
District of Columbia Circuit decided the cases should stay alive while
it scrutinizes whether the government will meet its promised deadlines.
The court acted quickly, issuing Tuesday's order just days after hearing
lengthy arguments.